Four Elements of a Medical Malpractice Case

Physicians are concerned about malpractice lawsuits as a real threat. They can increase insurance costs and can affect the medical practice.

In general, doctors are under a duty to their patients to adhere to accepted medical practices. This is referred to as the standard of care.

To sue a physician for negligence, the patient must demonstrate the following elements with a preponderance: breach of duty, duty, of duty, causation, and damages.

Duty of Care

The first aspect of a medical malpractice claim is that the injured party was legally obligated by the doctor that was breached. In contrast to other types of negligence cases, medical malpractice claims often require an established relationship between the doctor and patient. This is established through things like medical malpractice attorneys records and phone consultations. In general, doctors who treat patients must follow the standards that are accepted in their profession and practice.

However, doctors could also be held accountable for the actions of their staff members, including assistants or interns. Furthermore, they can be held liable for the actions of emergency medical personnel who are working under their supervision.

The plaintiff must then establish that the defendant did not adhere to the standard of medical care in the circumstances. This can be established with expert testimony about acceptable medical practices and the defendant's failure to adhere to these standards. The second factor is that the breach directly injured the patient. To prove this your lawyer must prove a direct cause and effect between the defendant's breach of duty and your injury or your loved one's death. This is called proximate cause. For instance, if negligence alleged by the defendant wouldn't have had an adverse effect on your health, regardless whether it was performed or not, you wouldn't be able to recover damages for any injuries or deaths that were resulted from the negligence of the doctor.

Breach of Duty

A doctor who fails to fulfill their obligation of care to the client could be held accountable for their negligence. To prevail in a medical malpractice case the person who suffered must establish four elements: there was a duty to care, that the physician breached the obligation and the breach resulted in injury and finally the injury resulted in damages. The first part of a medical malpractice lawsuit centers around the standard of care that is determined by expert testimony. The standard of care is defined as what would a "reasonably prudent" doctor would perform in the same or similar circumstances.

The breach of this obligation is when he or she deviates from the standard of care while rendering treatment to the patient. If a doctor breaks the arm of a patient the doctor may fail to cast the arm correctly. The doctor's breach of this duty causes the broken arm to heal incorrectly, resulting in partial or full loss of use and monetary damages.

Medical malpractice cases are brought in state trial courts, although in certain circumstances federal courts can also be able to hear these cases. The 94 federal districts courts across the United States each have a jury and judge panel that hears these cases. Most states have a system of specialized state courts that handle these matters, albeit with different court procedures than federal district courts.

Causation

A patient may be entitled compensation for the damages caused if the doctor fails to meet their duty to do no harm. Medical malpractice claims can also arise when a doctor decides to perform a procedure that is associated with risks and the patient would have opted to not undergo the procedure if they had been fully informed of the possible consequences.

In a medical malpractice lawsuit, the plaintiff must prove that the doctor's actions were not in accordance with accepted standards of practice. This breach was the sole cause of any illness or injury suffered by the patient and the injury could not have occurred if not because of the negligence of the physician. This burden of proof is known as the "preponderance of the evidence" standard which is less stringent than the "beyond a reasonable doubt" standard used to convict criminal defendants.

Medical malpractice lawsuits typically require expert witness testimony and lengthy discovery procedures prior to trial. Both sides invest a significant amount of time and money prepping for a trial, whether it's settled or if it goes to court. This is a major reason why malpractice claims are costly to both the plaintiff and the doctor involved. It is one of the reasons that health care professionals and physicians groups are a part of efforts to reform tort law in the United States.

Damages

Victims may be awarded damages for punitive or medical malpractice lawsuit compensatory, based on the nature of medical negligence. Compensatory damages compensate the patient for the financial losses or costs resulting from the doctor's negligence. This includes the loss of income as well as future medical expenses. Non-economic damages are compensation for physical pain as well as mental anguish.

Medical malpractice claims are generally filed in a state court of trial. However, there are instances where a lawsuit could be filed in federal court. This is usually the situation when the doctor is employed by a federally-funded medical clinic such as the Veterans Administration, or when the doctor is a resident of other country, but practices in the United States as part of an agreement that confers extraterritorial authority.

Lawsuits alleging medical malpractice are usually adversarial and involve an extensive legal discovery. This can include written interrogatories and depositions, as well as requests for documents. The victims of medical negligence might also have to stand trial before a jury, and face the possibility of their claim being rejected by a judge, or dismissed by a juror.

You must prove that medical negligence or error medical malpractice lawsuit caused your injury to win a lawsuit for medical malpractice. The injury must be severe enough that a monetary award will substantially compensate for your financial losses and emotional trauma. In addition, New York medical malpractice laws have certain damage caps as well as other limits on the amount which can be awarded to a person who is successful in bringing a claim.